CORNWALL — A proposed change of use for a Cornwall Bridge business was given considerable scrutiny by the Planning and Zoning Commission (P&Z) at its meeting Oct. 12.
The decision to approve a special permit was not a unanimous one.
About two hours were devoted to a public hearing and then to discussion during the regular P&Z meeting. A very cautious decision was prompted not so much by the nature of the new use, but by its location.
James Batterton Sr. is working to establish a small business — Kent Road Motor Sports LLC — that is involved mainly with converting two-wheeled motorcycles into trikes, or trykes, a three-wheeled version that he says is gaining popularity.
The 240 Kent Road (Route 7 ) site is owned by Strobel Enterprises LLC. It has long been used for millwork. Batterton, who lives across the street from the property, would operate his new business with his wife, Jan, in a basement level space accessible only from the back of the building.
No more than 18 motorcycles would be on the premises at one time. None would be displayed or stored outside. Customer and truck traffic would be minimal, no more than is there now for the millwork business.
The millwork is a nonconforming use that predates a zoning change made in 1998, when a stretch along Route 7 was switched from industrial to residential.
The area, which was once largely industrial, is close to the Housatonic River and is now part of the Housatonic River Overlay Zone, which includes a number of area towns. It is in a watershed and flood area. It also sits on top of an aquifer.
Add to all that a state law that gives jurisdiction over auto repair dealerships and gas stations, in towns with populations of less than 20,000, to each town’s Zoning Board of Appeals (ZBA).
ZBA Chair Joanne Wojtusiak was at the Oct. 12 P&Z meeting doing “homework.� The matter will be on the Oct. 25 ZBA agenda. She plans to confer with Land Use Administrator Karen Nelson before then. ZBA has never had to deal with an application like this before.
The bike-to-trike operation was described in detail by Attorney Peter Ebersol and Civil Engineer Ken Hrica, and summarized as very low-key, with little evidence of it visible from Route 7 other than a sign. An occasional part-time employee may work there, in addition to the Battertons. It is expected to remain a small business.
There was no comment from the public, but the hearing and meeting discussion brought a lot of back and forth about potentially hazardous materials that would be used there.
Oil and lubricants from small engines, as well as cleaners and solvents, were a great concern for P&Z members. Batterton explained steps that are already being planned for safe disposal and cleaning that will meet the state Department of Environmental Protection’s (DEP) recommended practices.
It was discovered during the meeting, however, that the town and the state have different definitions for certain fluids including oils.
P&Z member David Colbert urged the commission to wait to make a decision, saying the commission has “felt pressured in the past to make a decision on the night information was received, and it hasn’t always served us well.�
Chairman Pat Hare wanted the commission to seek an opinion from an engineer.
In the end, questions about petroleum and other potentially hazardous fluids seemed to boil down to quantity and control. In this case, quantity will be minimal. While some motorcycle engine repairs may occur there, the engines and the amount of fluids in them are small.
Most of the planned work will not involve engines at all. Control measures are already prescribed and a monitoring system is in place.
P&Z members took some comfort from knowing the approval process includes many layers going forward, and oversight would be conducted by the Department of Motor Vehicles, which would report deficiencies to the DEP.
For that reason, and given that there are months of approvals yet to go for the Battertons, the majority of P&Z members agreed to try to move the matter forward that evening.
A list of 10 conditions, based on P&Z discussion, was devised by Ebersol while the commission members proceeded with the meeting’s agenda.
The conditions included that Department of Motor Vehicles inspection reports be sent to P&Z.
Four of the six P&Z members present later voted in favor of approving the special permit application with those conditions.
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